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TOLBIRD v. HOWARD

No. 41933.

43 Ill.2d 357 (1969)

253 N.E.2d 444

JERRY TOLBIRD et al., Appellees, v. JAMES M. HOWARD et al., Appellants.

Supreme Court of Illinois.

Opinion filed November 26, 1969.

Attorney(s) appearing for the Case

CARLON & CARLON, of Normal, (PATRICIA A. CARLON, of counsel,) for appellants.

ROBERTS AND KEPNER, of Springfield, (MAURICE KEPNER, of counsel,) for appellees.

Reversed in part and affirmed in part.

Mr. JUSTICE CULBERTSON delivered the opinion of the court:

Plaintiffs, Jerry Tolbird and Lora Tolbird, sellers, sued defendants, James M. Howard and Alma R. Howard, purchasers, to recover certain unpaid installments allegedly due on an installment contract for the sale of real estate. Also included in a separate count is a complaint for judgment on a $552 promissory note given plaintiffs by defendants at the time of the...

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